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Old 08-06-2013, 12:29 AM   #21
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Originally Posted by Axxe55 View Post
i have to agree with this statement.

simply put, in some states, you can win an acquittal in criminal court for a SD shooting and then lose in civil court over the same case. an in a civil case like a lawsuit for wrongful death, the burden of proof is much different than a criminal case.
Criminal case. Proof beyond a reasonable doubt

Civil case. Preponderance of evidence

Criminal case Unanimous verdict of jury

Civil case Simple majority of jury
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Old 08-06-2013, 03:46 AM   #22
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Originally Posted by Argyle_Armoring View Post
The improbable is strong with this thread.
My Dad always told me, "You pays you's money and takes you's chance."

IIRC, Clint Eastwood said in a movie something like: "Do you feel lucky? Well, do ya'?"

My $.02, I'd rather be safe than sorry... but then I'm not the smithy.
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Old 08-06-2013, 04:06 AM   #23
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A plaintiff's attorney, DA, or prosecuting attorney is going to

try to give the jury a poor impression of you, no matter what.

In essence, three bad hair days in a row can make you look unrefined.

Mods to your gun may or may not help you, in SD, and they could also

give some jurors the impression you are a "gun nut" in court.


This blatant attempt at character assassination could also backfire,

if you keep your cool, answer the questions properly, and

make a good impression upon the jury.

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Old 08-06-2013, 12:10 PM   #24
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The points made above are valid, BUT the probability of any one of you:
1: Being sued
2: Receiving a large judgment against you
if you are in the 'right' are so astronomically low that the should not be a deciding factor in the decision making process. I am not saying they should be disregarded, but this is only a secondary consideration.
As a LEO the probability of civil action against you is much higher as the government is deemed to have 'deep pockets'! If you are of considerable net worth the probability will go up proportionally. The first thing an attorney will do if they are approached about a civil suit is to run a credit check on the prospective 'defendant'. If there is little to no chance for a lucrative recovery most attorneys will not take the case.
Just the 'reality' of this situation.

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Old 08-06-2013, 02:51 PM   #25
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I disagree, Jim. I've just seen too many of them.

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Old 08-06-2013, 05:30 PM   #26
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I disagree, Jim. I've just seen too many of them.
You have attorneys where you live who will sue people who do not have any money? Amazing!
If you look at the total number of times deadly force is used by ALL the good guys, professional and civilians combined, and compare it with how many people have had large civil judgments levied against them as a result I think you would agree with me.
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Old 08-06-2013, 06:52 PM   #27
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On a carefully tuned carry gun, the mods may not be easily detected. Not asked? Don't tell.

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Old 08-06-2013, 07:04 PM   #28
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Here's another FYI regarding civil suits. Anytime you get sued you lose even if your right and you win because it costs you money and time to defend yourself.

Bottom line is, whatever you carry make sure it's legal and don't be a ninja.

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Old 08-06-2013, 11:45 PM   #29
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In a criminals court they have to stay within certain parameters. Where it all changes when you go into a civil trial. There anything that can be used to make one side look better is fair game and probably will be used. I've heard of cases where about anything was used. One guy in Ohio had hand rolled hollow points and that was used in both the civil and criminal case stating the man meant to kill being he used rounds he made that he made to kill. Now to me this sounds crap house crazy to me. Anyone that uses a firearm on another person pretty much the intention is clear. you are willing to kill them. But the way evidence is handled in civil cases all you really have to do is tip the scale a little. There's no beyond doubt going on in there. And even if say... A DA brings it up and it is objected and sustained you can not un-ring a bell. It's out there in the minds of the jury.

Anything that can be used probably will be used. That is no myth. It's it's just not as prevalent in criminal cases.

How many not guilty people have been spanked in a civil court?

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Old 08-07-2013, 12:33 AM   #30
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Yes but the rules of evidence are much different. And rather than have beyond reasonable doubt you have the preponderance of evidence. All you have to do is sway to 51`%. And to do that a lawyer will use anytihng they can to make yo ulook bad. Got as light on that gun? Hey, we seen an internet post where you had a bayonet for that pistol...What's that about????

In the county I lived in before moving where I am now police that I shot with fairly often would say time and again never have hand rolled in a carry gun because they will bring it up in court. Who cares if it's objected to. It's out there and you can tell a jury to disregard but they will remember it. Over here where I am now I still shoot with some police but when I ask them they say they don't see a difference and the county prosecutor does not ask often. Oddly some of the judges work both counties on a circuit. I'm in a more rural place now though and the ideals on guns is pretty different.

Civil court though is a different animal. Personally I can't imagine putting as dollar figure on a dead loved ones life. I can understand funeral expenses I guess. But, I'd feel like I sold them. But I'm not a court kind of guy.

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